[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 5332 Introduced in Senate (IS)]

<DOC>






117th CONGRESS
  2d Session
                                S. 5332

 To protect elections for public office by providing enhanced security 
for the infrastructure used to carry out such elections, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           December 21, 2022

 Ms. Klobuchar introduced the following bill; which was read twice and 
         referred to the Committee on Rules and Administration

_______________________________________________________________________

                                 A BILL


 
 To protect elections for public office by providing enhanced security 
for the infrastructure used to carry out such elections, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Election Security Act of 2022''.

  TITLE I--PROMOTING ACCURACY, INTEGRITY, AND SECURITY THROUGH VOTER-
                   VERIFIABLE PERMANENT PAPER BALLOT

SEC. 101. SHORT TITLE.

    This title may be cited as the ``Voter Confidence and Increased 
Accessibility Act of 2022''.

SEC. 102. PAPER BALLOT AND MANUAL COUNTING REQUIREMENTS.

    (a) In General.--Section 301(a)(2) of the Help America Vote Act of 
2002 (52 U.S.C. 21081(a)(2)) is amended to read as follows:
            ``(2) Paper ballot requirement.--
                    ``(A) Voter-verifiable paper ballots.--
                            ``(i) The voting system shall require the 
                        use of an individual, durable, voter-verifiable 
                        paper ballot of the voter's vote selections 
                        that shall be marked by the voter and presented 
                        to the voter for verification before the 
                        voter's ballot is preserved in accordance with 
                        subparagraph (B), and which shall be counted by 
                        hand or other counting device or read by a 
                        ballot tabulation device. For purposes of this 
                        subclause, the term `individual, durable, 
                        voter-verifiable paper ballot' means a paper 
                        ballot marked by the voter by hand or a paper 
                        ballot marked through the use of a 
                        nontabulating ballot marking device or system, 
                        so long as the voter shall have the option at 
                        every in-person voting location to mark by hand 
                        a printed ballot that includes all relevant 
                        contests and candidates.
                            ``(ii) The voting system shall provide the 
                        voter with an opportunity to correct any error 
                        on the paper ballot before the permanent voter-
                        verifiable paper ballot is preserved in 
                        accordance with subparagraph (B).
                            ``(iii) The voting system shall not 
                        preserve the voter-verifiable paper ballots in 
                        any manner that makes it possible, at any time 
                        after the ballot has been cast, to associate a 
                        voter with the record of the voter's vote 
                        selections.
                            ``(iv) The voting system shall prevent, 
                        through mechanical means or through 
                        independently verified protections, the 
                        modification or addition of vote selections on 
                        a printed or marked ballot at any time after 
                        the voter has been provided an opportunity to 
                        correct errors on the ballot pursuant to clause 
                        (ii).
                    ``(B) Preservation as official record.--The 
                individual, durable, voter-verifiable paper ballot used 
                in accordance with subparagraph (A) shall constitute 
                the official ballot and shall be preserved and used as 
                the official ballot for purposes of any recount or 
                audit conducted with respect to any election for 
                Federal office in which the voting system is used.
                    ``(C) Manual counting requirements for recounts and 
                audits.--
                            ``(i) Each paper ballot used pursuant to 
                        subparagraph (A) shall be suitable for a manual 
                        audit, and such ballots, or at least those 
                        ballots the machine could not count, shall be 
                        counted by hand in any recount or audit 
                        conducted with respect to any election for 
                        Federal office.
                            ``(ii) In the event of any inconsistencies 
                        or irregularities between any electronic vote 
                        tallies and the vote tallies determined by 
                        counting by hand the individual, durable, 
                        voter-verifiable paper ballots used pursuant to 
                        subparagraph (A), the individual, durable, 
                        voter-verifiable paper ballots shall be the 
                        true and correct record of the votes cast.
                    ``(D) Sense of congress.--It is the sense of 
                Congress that as innovation occurs in the election 
                infrastructure sector, Congress should ensure that this 
                Act and other Federal requirements for voting systems 
                are updated to keep pace with best practices and 
                recommendations for security and accessibility.''.
    (b) Conforming Amendment Clarifying Applicability of Alternative 
Language Accessibility.--Section 301(a)(4) of such Act (52 U.S.C. 
21081(a)(4)) is amended by inserting ``(including the paper ballots 
required to be used under paragraph (2))'' after ``voting system''.
    (c) Other Conforming Amendments.--Section 301(a)(1) of such Act (52 
U.S.C. 21081(a)(1)) is amended--
            (1) in subparagraph (A)(i), by striking ``counted'' and 
        inserting ``counted, in accordance with paragraphs (2) and 
        (3)'';
            (2) in subparagraph (A)(ii), by striking ``counted'' and 
        inserting ``counted, in accordance with paragraphs (2) and 
        (3)'';
            (3) in subparagraph (A)(iii), by striking ``counted'' each 
        place it appears and inserting ``counted, in accordance with 
        paragraphs (2) and (3)''; and
            (4) in subparagraph (B)(ii), by striking ``counted'' and 
        inserting ``counted, in accordance with paragraphs (2) and 
        (3)''.

SEC. 103. ACCESSIBILITY AND BALLOT VERIFICATION FOR INDIVIDUALS WITH 
              DISABILITIES.

    (a) In General.--Paragraph (3) of section 301(a) of the Help 
America Vote Act of 2002 (52 U.S.C. 21081(a)(3)) is amended to read as 
follows:
            ``(3) Accessibility for individuals with disabilities.--
                    ``(A) In general.--The voting system shall--
                            ``(i) be accessible for individuals with 
                        disabilities, including nonvisual accessibility 
                        for the blind and visually impaired, in a 
                        manner that provides the same opportunity for 
                        access and participation (including privacy and 
                        independence) as for other voters;
                            ``(ii)(I) ensure that individuals with 
                        disabilities and others are given an equivalent 
                        opportunity to vote, including with privacy and 
                        independence, in a manner that produces a 
                        voter-verifiable paper ballot; and
                            ``(II) satisfy the requirement of clause 
                        (i) through the use at in-person polling 
                        locations of a sufficient number (not less than 
                        one) of voting systems equipped to serve 
                        individuals with and without disabilities, 
                        including nonvisual and enhanced visual 
                        accessibility for the blind and visually 
                        impaired, and nonmanual and enhanced manual 
                        accessibility for the mobility and dexterity 
                        impaired; and
                            ``(iii) if purchased with funds made 
                        available under title II on or after January 1, 
                        2007, meet the voting system standards for 
                        disability access (as outlined in this 
                        paragraph).
                    ``(B) Means of meeting requirements.--A voting 
                system may meet the requirements of subparagraph (A)(i) 
                and paragraph (2) by--
                            ``(i) allowing the voter to privately and 
                        independently verify the permanent paper ballot 
                        through the presentation, in accessible form, 
                        of the printed or marked vote selections from 
                        the same printed or marked information that 
                        would be used for any vote tabulation or 
                        auditing;
                            ``(ii) allowing the voter to privately and 
                        independently verify and cast the permanent 
                        paper ballot without requiring the voter to 
                        manually handle the paper ballot;
                            ``(iii) marking ballots that are identical 
                        in size, ink, and paper stock to those ballots 
                        that would either be marked by hand or be 
                        marked by a ballot marking device made 
                        generally available to voters; or
                            ``(iv) combining ballots produced by any 
                        ballot marking devices reserved for individuals 
                        with disabilities with ballots that have either 
                        been marked by voters by hand or marked by 
                        ballot marking devices made generally available 
                        to voters, in a way that prevents 
                        identification of the ballots that were cast 
                        using any ballot marking device that was 
                        reserved for individuals with disabilities.
                    ``(C) Sufficient number.--For purposes of 
                subparagraph (A)(ii)(II), the sufficient number of 
                voting systems for any in-person polling location shall 
                be determined based on guidance from the Attorney 
                General, in consultation with the Architectural and 
                Transportation Barriers Compliance Board established 
                under section 502(a)(1) of the Rehabilitation Act of 
                1973 (29 U.S.C. 792(a)(1)) (commonly referred to as the 
                United States Access Board) and the Commission.''.
    (b) Specific Requirement of Study, Testing, and Development of 
Accessible Voting Options.--
            (1) Study and reporting.--Subtitle C of title II of such 
        Act (52 U.S.C. 21081 et seq.) is amended--
                    (A) by redesignating section 247 as section 248; 
                and
                    (B) by inserting after section 246 the following 
                new section:

``SEC. 247. STUDY AND REPORT ON ACCESSIBLE VOTING OPTIONS.

    ``(a) Grants To Study and Report.--The Commission, in coordination 
with the Access Board and the Cybersecurity and Infrastructure Security 
Agency, shall make grants to not fewer than 2 eligible entities to 
study, test, and develop--
            ``(1) accessible and secure remote voting systems;
            ``(2) voting, verification, and casting devices to enhance 
        the accessibility of voting and verification for individuals 
        with disabilities; or
            ``(3) both of the matters described in paragraphs (1) and 
        (2).
    ``(b) Eligibility.--An entity is eligible to receive a grant under 
this part if it submits to the Commission (at such time and in such 
form as the Commission may require) an application containing--
            ``(1) a certification that the entity shall complete the 
        activities carried out with the grant not later than January 1, 
        2024; and
            ``(2) such other information and certifications as the 
        Commission may require.
    ``(c) Availability of Technology.--Any technology developed with 
the grants made under this section shall be treated as non-proprietary 
and shall be made available to the public, including to manufacturers 
of voting systems.
    ``(d) Coordination With Grants for Technology Improvements.--The 
Commission shall carry out this section so that the activities carried 
out with the grants made under subsection (a) are coordinated with the 
research conducted under the grant program carried out by the 
Commission under section 271, to the extent that the Commission 
determine necessary to provide for the advancement of accessible voting 
technology.
    ``(e) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out subsection (a) $10,000,000, to remain 
available until expended.''.
            (2) Clerical amendment.--The table of contents of such Act 
        is amended--
                    (A) by redesignating the item relating to section 
                247 as relating to section 248; and
                    (B) by inserting after the item relating to section 
                246 the following new item:

``Sec. 247. Study and report on accessible voting options.''.
    (c) Clarification of Accessibility Standards Under Voluntary Voting 
System Guidance.--In adopting any voluntary guidance under subtitle B 
of title III of the Help America Vote Act (52 U.S.C. 21101 et seq.) 
with respect to the accessibility of the paper ballot verification 
requirements for individuals with disabilities, the Election Assistance 
Commission shall include and apply the same accessibility standards 
applicable under the voluntary guidance adopted for accessible voting 
systems under such subtitle.
    (d) Permitting Use of Funds for Protection and Advocacy Systems To 
Support Actions To Enforce Election-Related Disability Access.--Section 
292(a) of the Help America Vote Act of 2002 (52 U.S.C. 21062(a)) is 
amended by striking ``; except that'' and all that follows and 
inserting a period.

SEC. 104. DURABILITY AND READABILITY REQUIREMENTS FOR BALLOTS.

    Section 301(a) of the Help America Vote Act of 2002 (52 U.S.C. 
21081(a)) is amended by adding at the end the following new paragraph:
            ``(7) Durability and readability requirements for 
        ballots.--
                    ``(A) Durability requirements for paper ballots.--
                            ``(i) In general.--All voter-verifiable 
                        paper ballots required to be used under this 
                        Act shall be marked or printed on durable 
                        paper.
                            ``(ii) Definition.--For purposes of this 
                        Act, paper is `durable' if it is capable of 
                        withstanding multiple counts and recounts by 
                        hand without compromising the fundamental 
                        integrity of the ballots, and capable of 
                        retaining the information marked or printed on 
                        them for the full duration of a retention and 
                        preservation period of 22 months.
                    ``(B) Readability requirements for paper ballots 
                marked by ballot marking device.--All voter-verifiable 
                paper ballots completed by the voter through the use of 
                a ballot marking device shall be clearly readable by 
                the voter without assistance (other than eyeglasses or 
                other personal vision enhancing devices) and by a 
                ballot tabulation device or other device equipped for 
                individuals with disabilities.''.

SEC. 105. STUDY AND REPORT ON OPTIMAL BALLOT DESIGN.

    (a) Study.--The Election Assistance Commission shall conduct a 
study of the best ways to design ballots used in elections for public 
office, including paper ballots and electronic or digital ballots, to 
minimize confusion and user errors.
    (b) Report.--Not later than 1 year after the date of the enactment 
of this Act, the Election Assistance Commission shall submit to 
Congress a report on the study conducted under subsection (a).

SEC. 106. BALLOT MARKING DEVICE CYBERSECURITY REQUIREMENTS.

    Section 301(a) of the Help America Vote Act of 2002 (52 U.S.C. 
21081(a)), as amended by section 104, is further amended by adding at 
the end the following new paragraphs:
            ``(8) Prohibition of use of wireless communications devices 
        in systems or devices.--No system or device upon which ballot 
        marking devices or ballot tabulation devices are configured, 
        upon which ballots are marked by voters at a polling place 
        (except as necessary for individuals with disabilities to use 
        ballot marking devices that meet the accessibility requirements 
        of paragraph (3)), or upon which votes are cast, tabulated, or 
        aggregated shall contain, use, or be accessible by any 
        wireless, power-line, or concealed communication device.
            ``(9) Prohibiting connection of system to the internet.--No 
        system or device upon which ballot marking devices or ballot 
        tabulation devices are configured, upon which ballots are 
        marked by voters at a voting place, or upon which votes are 
        cast, tabulated, or aggregated shall be connected to the 
        internet or any non-local computer system via telephone or 
        other communication network at any time.''.

SEC. 107. EFFECTIVE DATE FOR NEW REQUIREMENTS.

    Section 301(d) of the Help America Vote Act of 2002 (52 U.S.C. 
21081(d)) is amended to read as follows:
    ``(d) Effective Date.--
            ``(1) In general.--Except as provided in paragraph (2), 
        each State and jurisdiction shall be required to comply with 
        the requirements of this section on and after January 1, 2006.
            ``(2) Special rule for certain requirements.--
                    ``(A) In general.--Except as provided in 
                subparagraphs (B) and (C), the requirements of this 
                section which are first imposed on a State or 
                jurisdiction pursuant to the amendments made by the 
                Voter Confidence and Increased Accessibility Act of 
                2022 shall apply with respect to voting systems used 
                for any election for Federal office held in 2024 or any 
                succeeding year.
                    ``(B) Special rule for jurisdictions using certain 
                paper record printers or certain systems using or 
                producing voter-verifiable paper records in 2020.--
                            ``(i) In general.--In the case of a 
                        jurisdiction described in clause (ii), the 
                        requirements of paragraphs (2)(A)(i) and (7) of 
                        subsection (a) (as amended or added by the 
                        Voter Confidence and Increased Accessibility 
                        Act of 2022) shall not apply before the date on 
                        which the jurisdiction replaces the printers or 
                        systems described in clause (ii)(I) for use in 
                        the administration of elections for Federal 
                        office.
                            ``(ii) Jurisdictions described.--A 
                        jurisdiction described in this clause is a 
                        jurisdiction--
                                    ``(I) which used voter-verifiable 
                                paper record printers attached to 
                                direct recording electronic voting 
                                machines, or which used other voting 
                                systems that used or produced paper 
                                records of the vote verifiable by 
                                voters but that are not in compliance 
                                with paragraphs (2)(A)(i) and (7) of 
                                subsection (a) (as amended or added by 
                                the Voter Confidence and Increased 
                                Accessibility Act of 2022), for the 
                                administration of the regularly 
                                scheduled general election for Federal 
                                office held in November 2020; and
                                    ``(II) which will continue to use 
                                such printers or systems for the 
                                administration of elections for Federal 
                                office held in years before the 
                                applicable year.
                            ``(iii) Mandatory availability of paper 
                        ballots at polling places using grandfathered 
                        printers and systems.--
                                    ``(I) Requiring ballots to be 
                                offered and provided.--The appropriate 
                                election official at each polling place 
                                that uses a printer or system described 
                                in clause (ii)(I) for the 
                                administration of elections for Federal 
                                office shall offer each individual who 
                                is eligible to cast a vote in the 
                                election at the polling place the 
                                opportunity to cast the vote using a 
                                blank printed paper ballot which the 
                                individual may mark by hand and which 
                                is not produced by the direct recording 
                                electronic voting machine or other such 
                                system. The official shall provide the 
                                individual with the ballot and the 
                                supplies necessary to mark the ballot, 
                                and shall ensure (to the greatest 
                                extent practicable) that the waiting 
                                period for the individual to cast a 
                                vote is the lesser of 30 minutes or the 
                                average waiting period for an 
                                individual who does not agree to cast 
                                the vote using such a paper ballot 
                                under this clause.
                                    ``(II) Treatment of ballot.--Any 
                                paper ballot which is cast by an 
                                individual under this clause shall be 
                                counted and otherwise treated as a 
                                regular ballot for all purposes 
                                (including by incorporating it into the 
                                final unofficial vote count (as defined 
                                by the State) for the precinct) and not 
                                as a provisional ballot, unless the 
                                individual casting the ballot would 
                                have otherwise been required to cast a 
                                provisional ballot.
                                    ``(III) Posting of notice.--The 
                                appropriate election official shall 
                                ensure there is prominently displayed 
                                at each polling place a notice that 
                                describes the obligation of the 
                                official to offer individuals the 
                                opportunity to cast votes using a 
                                printed blank paper ballot. The notice 
                                shall comply with the requirements of 
                                section 203 of the Voting Rights Act of 
                                1965 (52 U.S.C. 10503).
                                    ``(IV) Training of election 
                                officials.--The chief State election 
                                official shall ensure that election 
                                officials at polling places in the 
                                State are aware of the requirements of 
                                this clause, including the requirement 
                                to display a notice under subclause 
                                (III), and are aware that it is a 
                                violation of the requirements of this 
                                title for an election official to fail 
                                to offer an individual the opportunity 
                                to cast a vote using a blank printed 
                                paper ballot.
                                    ``(V) Period of applicability.--The 
                                requirements of this clause apply only 
                                during the period beginning on January 
                                1, 2023, and ending on the date on 
                                which the which the jurisdiction 
                                replaces the printers or systems 
                                described in clause (ii)(I) for use in 
                                the administration of elections for 
                                Federal office.
                    ``(C) Delay for certain jurisdictions using voting 
                systems with wireless communication devices or internet 
                connections.--
                            ``(i) Delay.--In the case of a jurisdiction 
                        described in clause (ii), subparagraph (A) 
                        shall apply to a voting system in the 
                        jurisdiction as if the reference in such 
                        subparagraph to `2024' were a reference to `the 
                        applicable year', but only with respect to the 
                        following requirements of this section.
                                    ``(I) Paragraph (8) of subsection 
                                (a) (relating to prohibition of 
                                wireless communication devices).
                                    ``(II) Paragraph (9) of subsection 
                                (a) (relating to prohibition of 
                                connecting systems to the internet).
                            ``(ii) Jurisdictions described.--A 
                        jurisdiction described in this clause is a 
                        jurisdiction--
                                    ``(I) which used a voting system 
                                which is not in compliance with 
                                paragraph (8) or (9) of subsection (a) 
                                (as amended or added by the Voter 
                                Confidence and Increased Accessibility 
                                Act of 2022) for the administration of 
                                the regularly scheduled general 
                                election for Federal office held in 
                                November 2020;
                                    ``(II) which was not able, to all 
                                extent practicable, to comply with 
                                paragraphs (8) and (9) of subsection 
                                (a) before January 1, 2023; and
                                    ``(III) which will continue to use 
                                such printers or systems for the 
                                administration of elections for Federal 
                                office held in years before the 
                                applicable year.
                            ``(iii) Applicable year.--
                                    ``(I) In general.--Except as 
                                provided in subclause (II), the term 
                                `applicable year' means 2026.
                                    ``(II) Extension.--If a State or 
                                jurisdiction certifies to the 
                                Commission not later than January 1, 
                                2026, that the State or jurisdiction 
                                will not meet the requirements 
                                described in subclauses (I) and (II) of 
                                clause (i) by such date because it 
                                would be impractical to do so and 
                                includes in the certification the 
                                reasons for the failure to meet the 
                                deadline, the term `applicable year' 
                                means 2030.''.

SEC. 108. GRANTS FOR OBTAINING COMPLIANT PAPER BALLOT VOTING SYSTEMS 
              AND CARRYING OUT VOTING SYSTEM SECURITY IMPROVEMENTS.

    (a) Availability of Grants.--
            (1) In general.--Subtitle D of title II of the Help America 
        Vote Act of 2002 (52 U.S.C. 21001 et seq.) is amended by adding 
        at the end the following new part:

 ``PART 7--GRANTS FOR OBTAINING COMPLIANT PAPER BALLOT VOTING SYSTEMS 
          AND CARRYING OUT VOTING SYSTEM SECURITY IMPROVEMENTS

``SEC. 297. GRANTS FOR OBTAINING COMPLIANT PAPER BALLOT VOTING SYSTEMS 
              AND CARRYING OUT VOTING SYSTEM SECURITY IMPROVEMENTS.

    ``(a) Availability and Use of Grant.--
            ``(1) In general.--The Commission shall make a grant to 
        each eligible State--
                    ``(A) to replace a voting system--
                            ``(i) which does not meet the requirements 
                        which are first imposed on the State pursuant 
                        to the amendments made by the Voter Confidence 
                        and Increased Accessibility Act of 2022 with a 
                        voting system which--
                                    ``(I) does meet such requirements; 
                                and
                                    ``(II) in the case of a 
                                grandfathered voting system (as defined 
                                in paragraph (2)), is in compliance 
                                with the most recent voluntary voting 
                                system guidelines; or
                            ``(ii) which does meet such requirements 
                        but which is not in compliance with the most 
                        recent voluntary voting system guidelines with 
                        another system which does meet such 
                        requirements and is in compliance with such 
                        guidelines;
                    ``(B) to carry out voting system security 
                improvements described in section 297A with respect to 
                the regularly scheduled general election for Federal 
                office held in November 2024 and each succeeding 
                election for Federal office;
                    ``(C) to implement and model best practices for 
                ballot design, ballot instructions, and the testing of 
                ballots; and
                    ``(D) to purchase or acquire accessible voting 
                systems that meet the requirements of paragraph (2) and 
                paragraph (3)(A)(i) of section 301(a) by the means 
                described in paragraph (3)(B) of such section.
            ``(2) Definition of grandfathered voting system.--In this 
        subsection, the term `grandfathered voting system' means a 
        voting system that is used by a jurisdiction described in 
        subparagraph (B)(ii) or (C)(ii) of section 301(d)(2).
    ``(b) Amount of Payment.--
            ``(1) In general.--The amount of payment made to an 
        eligible State under this section shall be the minimum payment 
        amount described in paragraph (2) plus the voting age 
        population proportion amount described in paragraph (3).
            ``(2) Minimum payment amount.--The minimum payment amount 
        described in this paragraph is--
                    ``(A) in the case of any of the several States or 
                the District of Columbia, one-half of 1 percent of the 
                aggregate amount made available for payments under this 
                section; and
                    ``(B) in the case of the Commonwealth of Puerto 
                Rico, Guam, American Samoa, the United States Virgin 
                Islands, or the Commonwealth of the Northern Mariana 
                Islands, one-tenth of 1 percent of such aggregate 
                amount.
            ``(3) Voting age population proportion amount.--The voting 
        age population proportion amount described in this paragraph is 
        the product of--
                    ``(A) the aggregate amount made available for 
                payments under this section minus the total of all of 
                the minimum payment amounts determined under paragraph 
                (2); and
                    ``(B) the voting age population proportion for the 
                State (as defined in paragraph (4)).
            ``(4) Voting age population proportion defined.--The term 
        `voting age population proportion' means, with respect to a 
        State, the amount equal to the quotient of--
                    ``(A) the voting age population of the State (as 
                reported in the most recent decennial census); and
                    ``(B) the total voting age population of all States 
                (as reported in the most recent decennial census).
            ``(5) Requirement relating to purchase of accessible voting 
        systems.--An eligible State shall use not less than 10 percent 
        of funds received by the State under this section to purchase 
        accessible voting systems described in subsection (a)(1)(D).

``SEC. 297A. VOTING SYSTEM SECURITY IMPROVEMENTS DESCRIBED.

    ``(a) Permitted Uses.--A voting system security improvement 
described in this section is any of the following:
            ``(1) The acquisition of goods and services from qualified 
        election infrastructure vendors by purchase, lease, or such 
        other arrangements as may be appropriate.
            ``(2) Cyber and risk mitigation training.
            ``(3) A security risk and vulnerability assessment of the 
        State's election infrastructure (as defined in section 108(b) 
        of the Voter Confidence and Increased Accessibility Act of 
        2022) which is carried out by a provider of cybersecurity 
        services under a contract entered into between the chief State 
        election official and the provider.
            ``(4) The maintenance of infrastructure used for elections, 
        including addressing risks and vulnerabilities which are 
        identified under either of the security risk and vulnerability 
        assessments described in paragraph (3), except that none of the 
        funds provided under this part may be used to renovate or 
        replace a building or facility which is not a primary provider 
        of information technology services for the administration of 
        elections, and which is used primarily for purposes other than 
        the administration of elections for public office.
            ``(5) Providing increased technical support for any 
        information technology infrastructure that the chief State 
        election official deems to be part of the State's election 
        infrastructure (as so defined) or designates as critical to the 
        operation of the State's election infrastructure (as so 
        defined).
            ``(6) Enhancing the cybersecurity and operations of the 
        information technology infrastructure described in paragraph 
        (4).
            ``(7) Enhancing the cybersecurity of voter registration 
        systems.
    ``(b) Qualified Election Infrastructure Vendors Described.--For 
purposes of this part, a `qualified election infrastructure vendor' is 
any person who provides, supports, or maintains, or who seeks to 
provide, support, or maintain, election infrastructure (as defined in 
section 108(b) of the Voter Confidence and Increased Accessibility Act 
of 2022) on behalf of a State, unit of local government, or election 
agency (as defined in section 108(b) of such Act) who meets the 
criteria described in section 108(b) of such Act.

``SEC. 297B. ELIGIBILITY OF STATES.

    ``A State is eligible to receive a grant under this part if the 
State submits to the Commission, at such time and in such form as the 
Commission may require, an application containing--
            ``(1) a description of how the State will use the grant to 
        carry out the activities authorized under this part;
            ``(2) a certification and assurance that, not later than 5 
        years after receiving the grant, the State will carry out 
        voting system security improvements, as described in section 
        297A; and
            ``(3) such other information and assurances as the 
        Commission may require.

``SEC. 297C. REPORTS TO CONGRESS.

    ``Not later than 90 days after the end of each fiscal year, the 
Commission shall submit a report to the Committees on Homeland 
Security, House Administration, and the Judiciary of the House of 
Representatives and the Committees on Homeland Security and 
Governmental Affairs, the Judiciary, and Rules and Administration of 
the Senate, on the activities carried out with the funds provided under 
this part.

``SEC. 297D. AUTHORIZATION OF APPROPRIATIONS.

    ``(a) Authorization.--There are authorized to be appropriated for 
grants under this part--
            ``(1) $2,400,000,000 for fiscal year 2024; and
            ``(2) $175,000,000 for each of the fiscal years 2026, 2028, 
        and 2030.
    ``(b) Continuing Availability of Amounts.--Any amounts appropriated 
pursuant to the authorization of this section shall remain available 
until expended.''.
            (2) Clerical amendment.--The table of contents of such Act 
        is amended by adding at the end of the items relating to 
        subtitle D of title II the following:

 ``Part 7--Grants for Obtaining Compliant Paper Ballot Voting Systems 
          and Carrying Out Voting System Security Improvements

        ``Sec. 297. Grants for obtaining compliant paper ballot voting 
                            systems and carrying out voting system 
                            security improvements.
        ``Sec. 297A. Voting system security improvements described.
        ``Sec. 297B. Eligibility of States.
        ``Sec. 297C. Reports to Congress.
        ``Sec. 297D. Authorization of appropriations.
    (b) Qualified Election Infrastructure Vendors.--
            (1) In general.--The Secretary, in consultation with the 
        Chair, shall establish and publish criteria for qualified 
        election infrastructure vendors for purposes of section 297A of 
        the Help America Vote Act of 2002 (as added by this Act).
            (2) Criteria.--The criteria established under paragraph (1) 
        shall include each of the following requirements:
                    (A) The vendor shall--
                            (i) be owned and controlled by a citizen or 
                        permanent resident of the United States or a 
                        member of the Five Eyes intelligence-sharing 
                        alliance; and
                            (ii) in the case of any election 
                        infrastructure which is a voting machine, 
                        ensure that such voting machine is assembled in 
                        the United States.
                    (B) The vendor shall disclose to the Secretary and 
                the Chair, and to the chief State election official of 
                any State to which the vendor provides any goods and 
                services with funds provided under part 7 of subtitle D 
                of title II of the Help America Vote Act of 2002 (as 
                added by this Act), of any sourcing outside the United 
                States for parts of the election infrastructure.
                    (C) The vendor shall disclose to the Secretary and 
                the Chair, and to the chief State election official of 
                any State to which the vendor provides any goods and 
                services with funds provided under such part 7, the 
                identification of any entity or individual with a more 
                than 5 percent ownership interest in the vendor.
                    (D) The vendor agrees to ensure that the election 
                infrastructure will be developed and maintained in a 
                manner that is consistent with the cybersecurity best 
                practices issued by the Cybersecurity and 
                Infrastructure Security Agency of the Department of 
                Homeland Security.
                    (E) The vendor agrees to maintain its information 
                technology infrastructure in a manner that is 
                consistent with the cybersecurity best practices issued 
                by the Cybersecurity and Infrastructure Security Agency 
                of the Department of Homeland Security.
                    (F) The vendor agrees to ensure that the election 
                infrastructure will be developed and maintained in a 
                manner that is consistent with the supply chain best 
                practices issued by the Cybersecurity and 
                Infrastructure Security Agency of the Department of 
                Homeland Security.
                    (G) The vendor agrees to ensure that it has 
                personnel policies and practices in place that are 
                consistent with personnel best practices, including 
                cybersecurity training and background checks, issued by 
                the Cybersecurity and Infrastructure Security Agency of 
                the Department of Homeland Security.
                    (H) The vendor agrees to ensure that the election 
                infrastructure will be developed and maintained in a 
                manner that is consistent with data integrity best 
                practices, including requirements for encrypted 
                transfers and validation, testing and checking printed 
                materials for accuracy, and disclosure of quality 
                control incidents, issued by the Cybersecurity and 
                Infrastructure Security Agency of the Department of 
                Homeland Security.
                    (I) The vendor agrees to meet the requirements of 
                paragraph (3) with respect to any known or suspected 
                cybersecurity incidents involving any of the goods and 
                services provided by the vendor pursuant to a grant 
                under part 7 of subtitle D of title II of the Help 
                America Vote Act of 2002 (as added by this Act).
                    (J) The vendor agrees to permit independent 
                security testing by the Election Assistance Commission 
                (in accordance with section 231(a) of the Help America 
                Vote Act of 2002 (52 U.S.C. 20971)) and by the 
                Secretary of the goods and services provided by the 
                vendor pursuant to a grant under part 7 of subtitle D 
                of title II of the Help America Vote Act of 2002 (as 
                added by this Act).
            (3) Cybersecurity incident reporting requirements.--
                    (A) In general.--A vendor meets the requirements of 
                this paragraph if, upon becoming aware of the 
                possibility that an election cybersecurity incident has 
                occurred involving any of the goods and services 
                provided by the vendor pursuant to a grant under part 7 
                of subtitle D of title II of the Help America Vote Act 
                of 2002 (as added by this Act)--
                            (i) the vendor promptly assesses whether or 
                        not such an incident occurred, and submits a 
                        notification meeting the requirements of 
                        subparagraph (B) to the Secretary and the Chair 
                        of the assessment as soon as practicable (but 
                        in no case later than 3 days after the vendor 
                        first becomes aware of the possibility that the 
                        incident occurred);
                            (ii) if the incident involves goods or 
                        services provided to an election agency, the 
                        vendor submits a notification meeting the 
                        requirements of subparagraph (B) to the agency 
                        as soon as practicable (but in no case later 
                        than 3 days after the vendor first becomes 
                        aware of the possibility that the incident 
                        occurred), and cooperates with the agency in 
                        providing any other necessary notifications 
                        relating to the incident; and
                            (iii) the vendor provides all necessary 
                        updates to any notification submitted under 
                        clause (i) or clause (ii).
                    (B) Contents of notifications.--Each notification 
                submitted under clause (i) or clause (ii) of 
                subparagraph (A) shall contain the following 
                information with respect to any election cybersecurity 
                incident covered by the notification:
                            (i) The date, time, and time zone when the 
                        election cybersecurity incident began, if 
                        known.
                            (ii) The date, time, and time zone when the 
                        election cybersecurity incident was detected.
                            (iii) The date, time, and duration of the 
                        election cybersecurity incident.
                            (iv) The circumstances of the election 
                        cybersecurity incident, including the specific 
                        election infrastructure systems believed to 
                        have been accessed and information acquired, if 
                        any.
                            (v) Any planned and implemented technical 
                        measures to respond to and recover from the 
                        incident.
                            (vi) In the case of any notification which 
                        is an update to a prior notification, any 
                        additional material information relating to the 
                        incident, including technical data, as it 
                        becomes available.
                    (C) Development of criteria for reporting.--Not 
                later than 1 year after the date of enactment of this 
                Act, the Director of the Cybersecurity and 
                Infrastructure Security Agency shall, in consultation 
                with the Election Infrastructure Sector Coordinating 
                Council, develop criteria for incidents which are 
                required to be reported in accordance with subparagraph 
                (A).
            (4) Definitions.--In this subsection:
                    (A) Chair.--The term ``Chair'' means the Chair of 
                the Election Assistance Commission.
                    (B) Chief state election official.--The term 
                ``chief State election official'' means, with respect 
                to a State, the individual designated by the State 
                under section 10 of the National Voter Registration Act 
                of 1993 (52 U.S.C. 20509) to be responsible for 
                coordination of the State's responsibilities under such 
                Act.
                    (C) Election agency.--The term ``election agency'' 
                means any component of a State, or any component of a 
                unit of local government in a State, which is 
                responsible for the administration of elections for 
                Federal office in the State.
                    (D) Election infrastructure.--The term ``election 
                infrastructure'' means storage facilities, polling 
                places, and centralized vote tabulation locations used 
                to support the administration of elections for public 
                office, as well as related information and 
                communications technology, including voter registration 
                databases, voting machines, electronic mail and other 
                communications systems (including electronic mail and 
                other systems of vendors who have entered into 
                contracts with election agencies to support the 
                administration of elections, manage the election 
                process, and report and display election results), and 
                other systems used to manage the election process and 
                to report and display election results on behalf of an 
                election agency.
                    (E) Secretary.--The term ``Secretary'' means the 
                Secretary of Homeland Security.
                    (F) State.--The term ``State'' has the meaning 
                given such term in section 901 of the Help America Vote 
                Act of 2002 (52 U.S.C. 21141).

                    TITLE II--VOTING SYSTEM SECURITY

SEC. 201. POST-ELECTION AUDIT REQUIREMENT.

    (a) In General.--Title III of the Help America Vote Act of 2002 (52 
U.S.C. 21081 et seq.) is amended by inserting after section 303 the 
following new section:

``SEC. 303A. POST-ELECTION AUDITS.

    ``(a) Definitions.--In this section:
            ``(1) Post-election audit.--Except as provided in 
        subsection (c)(1)(B), the term `post-election audit' means, 
        with respect to any election contest, a post-election process 
        that--
                    ``(A) has a probability of at least 95 percent of 
                correcting the reported outcome if the reported outcome 
                is not the correct outcome;
                    ``(B) will not change the outcome if the reported 
                outcome is the correct outcome; and
                    ``(C) involves a manual adjudication of voter 
                intent from some or all of the ballots validly cast in 
                the election contest.
            ``(2) Reported outcome; correct outcome; outcome.--
                    ``(A) Reported outcome.--The term `reported 
                outcome' means the outcome of an election contest which 
                is determined according to the canvass and which will 
                become the official, certified outcome unless it is 
                revised by an audit, recount, or other legal process.
                    ``(B) Correct outcome.--The term `correct outcome' 
                means the outcome that would be determined by a manual 
                adjudication of voter intent for all votes validly cast 
                in the election contest.
                    ``(C) Outcome.--The term `outcome' means the winner 
                or set of winners of an election contest.
            ``(3) Manual adjudication of voter intent.--The term 
        `manual adjudication of voter intent' means direct inspection 
        and determination by humans, without assistance from electronic 
        or mechanical tabulation devices, of the ballot choices marked 
        by voters on each voter-verifiable paper record.
            ``(4) Ballot manifest.--The term `ballot manifest' means a 
        record maintained by each jurisdiction that--
                    ``(A) is created without reliance on any part of 
                the voting system used to tabulate votes;
                    ``(B) functions as a sampling frame for conducting 
                a post-election audit; and
                    ``(C) accounts for all ballots validly cast 
                regardless of how they were tabulated and includes a 
                precise description of the manner in which the ballots 
                are physically stored, including the total number of 
                physical groups of ballots, the numbering system for 
                each group, a unique label for each group, and the 
                number of ballots in each such group.
    ``(b) Requirements.--
            ``(1) In general.--
                    ``(A) Audits.--
                            ``(i) In general.--Each State and 
                        jurisdiction shall administer post-election 
                        audits of the results of all election contests 
                        for Federal office held in the State in 
                        accordance with the requirements of paragraph 
                        (2).
                            ``(ii) Exception.--Clause (i) shall not 
                        apply to any election contest for which the 
                        State or jurisdiction conducts a full recount 
                        through a manual adjudication of voter intent.
                    ``(B) Full manual tabulation.--If a post-election 
                audit conducted under subparagraph (A) corrects the 
                reported outcome of an election contest, the State or 
                jurisdiction shall use the results of the manual 
                adjudication of voter intent conducted as part of the 
                post-election audit as the official results of the 
                election contest.
            ``(2) Audit requirements.--
                    ``(A) Rules and procedures.--
                            ``(i) In general.--Not later than 6 years 
                        after the date of the enactment of this 
                        section, the chief State election official of 
                        the State shall establish rules and procedures 
                        for conducting post-election audits.
                            ``(ii) Matters included.--The rules and 
                        procedures established under clause (i) shall 
                        include the following:
                                    ``(I) Rules and procedures for 
                                ensuring the security of ballots and 
                                documenting that prescribed procedures 
                                were followed.
                                    ``(II) Rules and procedures for 
                                ensuring the accuracy of ballot 
                                manifests produced by jurisdictions.
                                    ``(III) Rules and procedures for 
                                governing the format of ballot 
                                manifests and other data involved in 
                                post-election audits.
                                    ``(IV) Methods to ensure that any 
                                cast vote records used in a post-
                                election audit are those used by the 
                                voting system to tally the results of 
                                the election contest sent to the chief 
                                State election official of the State 
                                and made public.
                                    ``(V) Rules and procedures for the 
                                random selection of ballots to be 
                                inspected manually during each audit.
                                    ``(VI) Rules and procedures for the 
                                calculations and other methods to be 
                                used in the audit and to determine 
                                whether and when the audit of each 
                                election contest is complete.
                                    ``(VII) Rules and procedures for 
                                testing any software used to conduct 
                                post-election audits.
                    ``(B) Public report.--
                            ``(i) In general.--After the completion of 
                        the post-election audit and at least 5 days 
                        before the election contest is certified by the 
                        State, the State shall make public and submit 
                        to the Commission a report on the results of 
                        the audit, together with such information as 
                        necessary to confirm that the audit was 
                        conducted properly.
                            ``(ii) Format of data.--All data published 
                        with the report under clause (i) shall be 
                        published in machine-readable, open data 
                        formats.
                            ``(iii) Protection of anonymity of votes.--
                        Information and data published by the State 
                        under this subparagraph shall not compromise 
                        the anonymity of votes.
                            ``(iv) Report made available by 
                        commission.--After receiving any report 
                        submitted under clause (i), the Commission 
                        shall make such report available on its 
                        website.
            ``(3) Effective date; waiver.--
                    ``(A) In general.--Except as provided in 
                subparagraphs (B) and (C), each State and jurisdiction 
                shall be required to comply with the requirements of 
                this subsection for the first regularly scheduled 
                election for Federal office occurring in 2032 and for 
                each subsequent election for Federal office.
                    ``(B) Waiver.--Except as provided in subparagraph 
                (C), if a State certifies to the Election Assistance 
                Commission not later than the first regularly scheduled 
                election for Federal office occurring in 2032, that the 
                State will not meet the deadline described in 
                subparagraph (A) because it would be impracticable to 
                do so and includes in the certification the reasons for 
                the failure to meet such deadline, subparagraph (A) of 
                this subsection and subsection (c)(2)(A) shall apply to 
                the State as if the reference in such subsections to 
                `2032' were a reference to `2034'.
                    ``(C) Additional waiver period.--If a State 
                certifies to the Election Assistance Commission not 
                later than the first regularly scheduled election for 
                Federal office occurring in 2034, that the State will 
                not meet the deadline described in subparagraph (B) 
                because it would be impracticable to do so and includes 
                in the certification the reasons for the failure to 
                meet such deadline, subparagraph (B) of this subsection 
                and subsection (c)(2)(A) shall apply to the State as if 
                the reference in such subsections to `2034' were a 
                reference to `2036'.
    ``(c) Phased Implementation.--
            ``(1) Post-election audits.--
                    ``(A) In general.--For the regularly scheduled 
                elections for Federal office occurring in 2024 and 
                2026, each State shall administer a post-election audit 
                of the result of at least one statewide election 
                contest for Federal office held in the State, or if no 
                such statewide contest is on the ballot, one election 
                contest for Federal office chosen at random.
                    ``(B) Post-election audit defined.--In this 
                subsection, the term `post-election audit' means a 
                post-election process that involves a manual 
                adjudication of voter intent from a sample of ballots 
                validly cast in the election contest.
            ``(2) Post-election audits for select contests.--Subject to 
        subparagraphs (B) and (C) of subsection (b)(3), for the 
        regularly scheduled elections for Federal office occurring in 
        2028 and for each subsequent election for Federal office that 
        occurs prior to the first regularly scheduled election for 
        Federal office occurring in 2032, each State shall administer a 
        post-election audit of the result of at least one statewide 
        election contest for Federal office held in the State, or if no 
        such statewide contest is on the ballot, one election contest 
        for Federal office chosen at random.
            ``(3) States that administer post-election audits for all 
        contests.--A State shall be exempt from the requirements of 
        this subsection for any regularly scheduled election for 
        Federal office in which the State meets the requirements of 
        subsection (b).''.
    (b) Clerical Amendment.--The table of contents for such Act is 
amended by inserting after the item relating to section 303 the 
following new item:

``Sec. 303A. Post-election audits.''.
    (c) Study on Post-Election Audit Best Practices.--
            (1) In general.--The Director of the National Institute of 
        Standards and Technology shall establish an advisory committee 
        to study post-election audits and establish best practices for 
        post-election audit methodologies and procedures.
            (2) Advisory committee.--The Director of the National 
        Institute of Standards and Technology shall appoint individuals 
        to the advisory committee and secure the representation of--
                    (A) State and local election officials;
                    (B) individuals with experience and expertise in 
                election security;
                    (C) individuals with experience and expertise in 
                post-election audit procedures; and
                    (D) individuals with experience and expertise in 
                statistical methods.
            (3) Authorization of appropriations.--There are authorized 
        to be appropriated such sums as are necessary to carry out the 
        purposes of this subsection.

SEC. 202. ELECTION INFRASTRUCTURE DESIGNATION.

    Subparagraph (J) of section 2001(3) of the Homeland Security Act of 
2002 (6 U.S.C. 601(3)) is amended by inserting ``, including election 
infrastructure'' before the period at the end.

SEC. 203. GUIDELINES AND CERTIFICATION FOR ELECTRONIC POLL BOOKS AND 
              REMOTE BALLOT MARKING SYSTEMS.

    (a) Inclusion Under Voluntary Voting System Guidelines.--Section 
222 of the Help America Vote Act of 2002 (52 U.S.C. 20962) is amended--
            (1) by redesignating subsections (a), (b), (c), (d), and 
        (e) as subsections (b), (c), (d), (e), and (f), respectively;
            (2) by inserting after the section heading the following:
    ``(a) Voluntary Voting System Guidelines.--The Commission shall 
adopt voluntary voting system guidelines that describe functionality, 
accessibility, and security principles for the design, development, and 
operation of voting systems, electronic poll books, and remote ballot 
marking systems.''; and
            (3) by adding at the end the following new subsections:
    ``(g) Initial Guidelines for Electronic Poll Books and Remote 
Ballot Marking Systems.--
            ``(1) Adoption date.--Not later than 1 year after the date 
        of the enactment of the Election Security Act of 2022, the 
        Commission shall adopt initial voluntary voting system 
        guidelines for electronic poll books and remote ballot marking 
        systems.
            ``(2) Special rule for initial guidelines.--The Commission 
        may adopt initial voluntary voting system guidelines for 
        electronic poll books and remote ballot marking systems without 
        modifying the most recently adopted voluntary voting system 
        guidelines for voting systems.
    ``(h) Definitions.--In this section:
            ``(1) Electronic poll book defined.--The term `electronic 
        poll book' means the total combination of mechanical, 
        electromechanical, or electronic equipment (including the 
        software, firmware, and documentation required to program, 
        control, and support the equipment) that is used--
                    ``(A) to retain the list of registered voters at a 
                polling location, or vote center, or other location at 
                which voters cast votes in an election for Federal 
                office; and
                    ``(B) to identify registered voters who are 
                eligible to vote in an election.
            ``(2) Remote ballot marking system defined.--The term 
        `remote ballot marking system' means an election system that--
                    ``(A) is used by a voter to mark their ballots 
                outside of a voting center or polling place; and
                    ``(B) allows a voter to receive a blank ballot to 
                mark electronically, print, and then cast by returning 
                the printed ballot to the elections office or other 
                designated location.''.
    (b) Providing for Certification of Electronic Poll Books and Remote 
Ballot Marking System.--Section 231(a) of the Help America Vote Act of 
2002 (52 U.S.C. 20971(a)) is amended, in each of paragraphs (1) and 
(2), by inserting ``, electronic poll books, and remote ballot marking 
systems'' after ``software''.

SEC. 204. PRE-ELECTION REPORTS ON VOTING SYSTEM USAGE.

    (a) Requiring States To Submit Reports.--Title III of the Help 
America Vote Act of 2002 (52 U.S.C. 21081 et seq.) is amended by 
inserting after section 301 the following new section:

``SEC. 301A. PRE-ELECTION REPORTS ON VOTING SYSTEM USAGE.

    ``(a) Requiring States To Submit Reports.--Not later than 120 days 
before the date of each regularly scheduled general election for 
Federal office, the chief State election official of a State shall 
submit a report to the Commission containing a detailed voting system 
usage plan for each jurisdiction in the State which will administer the 
election, including a detailed plan for the usage of electronic poll 
books and other equipment and components of such system. If a 
jurisdiction acquires and implements a new voting system within the 120 
days before the date of the election, it shall notify the chief State 
election official of the State, who shall submit to the Commission in a 
timely manner an updated report under the preceding sentence.
    ``(b) Effective Date.--Subsection (a) shall apply with respect to 
the regularly scheduled general election for Federal office held in 
November 2024 and each succeeding regularly scheduled general election 
for Federal office''.
    (b) Clerical Amendment.--The table of contents of such Act is 
amended by inserting after the item relating to section 301 the 
following new item:

``Sec. 301A. Pre-election reports on voting system usage.''.

SEC. 205. USE OF VOTING MACHINES MANUFACTURED IN THE UNITED STATES.

    (a) Requirement.--Section 301(a) of the Help America Vote Act of 
2002 (52 U.S.C. 21081(a)), as amended by section 104 and section 106, 
is further amended by adding at the end the following new paragraph:
            ``(10) Voting machine requirements.--
                    ``(A) Manufacturing requirements.--By not later 
                than the date of the regularly scheduled general 
                election for Federal office occurring in November 2024, 
                each State shall seek to ensure to the extent 
                practicable that any voting machine used in such 
                election and in any subsequent election for Federal 
                office is manufactured in the United States.
                    ``(B) Assembly requirements.--By not later than the 
                date of the regularly scheduled general election for 
                Federal office occurring in November 2024, each State 
                shall seek to ensure that any voting machine purchased 
                or acquired for such election and in any subsequent 
                election for Federal office is assembled in the United 
                States.
                    ``(C) Software and code requirements.--By not later 
                than the date of the regularly scheduled general 
                election for Federal office occurring in November 2024, 
                each State shall seek to ensure that any software or 
                code developed for any voting system purchased or 
                acquired for such election and in any subsequent 
                election for Federal office is developed and stored in 
                the United States.''.
    (b) Conforming Amendment Relating to Effective Date.--Section 
301(d)(1) of such Act (52 U.S.C. 21081(d)(1)), as amended by section 
107, is amended by striking ``paragraph (2)'' and inserting 
``subsection (a)(10) and paragraph (2)''.
                                 <all>